fiercepharmaJune 07, 2018
Tag: claims , legal test , Johnson & Johnson
After experiencing mixed results in defense of its storied Johnson's Baby Powder brand, Johnson & Johnson faces its biggest legal test yet for the product.
Opening statements begin Wednesday in a trial consolidating the claims of 22 plaintiffs—six of whom are deceased—who say their routine use led to ovarian cancer. J&J denies the claims.
The women say J&J has known about the alleged link to cancer for decades, and that the company has long known about potential asbestos contamination in its product. Plaintiffs also say J&J worked with lobbyists to suppress evidence of a link to cancer rather than warn consumers. The trial is expected to run through mid-July.
A J&J representative didn't immediately respond to a request for comment on the trial.
It's the latest talc trial to kick off in St. Louis, where J&J has suffered some previous defeats in cases over its storied brand. Juries in the city have already ordered the company to pay verdicts of $55 million, $70 million and $110 million, and J&J has pledged to appeal in each instance.
After other losses—one in St. Louis—Johnson & Johnson has had some success in appeals. The company has won reversals of a $417 million Los Angeles talc verdict and another $72 million verdict handed down by a St. Louis jury. The company has also won ovarian cancer talc cases in New Jersey and St. Louis.
Recently, some plaintiffs have taken claims of a link between the product and mesothelioma to trial, with some success. This year, plaintiffs in New Jersey and Los Angeles won verdicts of $117 million and $25.75 million, respectively, and J&J said it will appeal. The company previously won a mesothelioma lawsuit in Los Angeles, and another late last month ended in a mistrial in South Carolina.
As of J&J's most recent quarterly filing with the SEC, the company faces about 9,100 lawsuits alleging harm from talc powder use.
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